Criminalization in the Context of the National Criminal Code: Philosophical and Conceptual Transformations and Their Implications for the Criminal Justice System in Indonesia

Abstract

This study analyzes the philosophical and conceptual transformation of criminal punishment in the National Criminal Code (KUHP) and its implications for the criminal justice system in Indonesia. The main focus is to identify the paradigm shift from the old Criminal Code, which was retributive in nature, to a more holistic and modern approach in the National Criminal Code. Philosophically, the National Criminal Code combines the objectives of criminal punishment, not only as a means of retribution, but also as a tool for the rehabilitation of offenders and the protection of society, in line with the principle of restorative justice. The research method used is normative, with a regulatory approach to analyze the content and substance of the National Criminal Code, as well as a theoretical approach to examine the philosophical foundations and concepts of modern criminal law. The data obtained is analyzed prescriptively and qualitatively to provide recommendations and guidelines regarding the implementation of these changes in judicial practice.